“25…… The authorities considering such application under section 73A of the said Act cannot mechanically, without application of mind to the aforesaid provisions of the Act and merely for the sake of asking, permit any person claiming to have an interest in such trust, to participate in the proceedings. The expression “person having interest in the public trust” represents the persons having bona fide and genuine interest in public trust as against an interest with an ulterior motive or mala fide intention. The authority is, therefore, required to consider the contents of any such application, if made and the bona fides in claiming participation. If required, the Authority may ask the party concerned to enter the witness box and be subject to the cross-examination so as to establish his bona fides and the status as a “person having interest in the public trust”. The recording of finding that the person is or is not having such bona fide interest in the public trust, is a sine qua non for permitting interevention in the matter. Otherwise, the very objection in introducing the provision of Section 73A of the said Act, shall frustrate, resulting misuse of the provision. No doubt, the definition is inclusive, but it cannot be said that the person acting against the interest of such public trust or has no interest in the public trust or having hostile interest or has no connection with such public trust can be permitted to participate in the proceedings without establishing the bona fides and testing his case on the touchstone of the provision of Section 73A read with Section 2(1) of the said Act.”
